Tuesday, March 10, 2015

Having been major-league distracted by the death of Leonard Nimoy - my childhood idol, inspirer of America's first female-authored hard-core porn ("slash"), nude photographer of plus-sized women - I forgot that today was Nina Hartley's birthday.

But you know who did NOT forget? Jewish Currents magazine, that's who! In their Jewdayo daily feature (inspired by Harry Belafonte's classic 'Dayo'), they hit the nail on the head 650 times:

Porn actress and entrepreneur Nina Hartley (Marie Louise Hartman) was born to communist parents in California on this date in 1959. Her mother was Jewish, from Alabama, her father Lutheran -- and both became Buddhists. Hartley was studying to be a registered nurse when she entered into adult films in 1984; she achieved her nursing license, but with 650 porn films on her resumé, she's mostly used porn rather than medicine to "heal the sick." Hartley has described herself as a socialist and a sex-positive feminist, and is an outspoken defender of the industry in which she's made her career. If you're in it "for the wrong reasons," she says, "it's going to hurt your spirit. That's where the religious right is correct." But porn, she argues, provides a righteous and well-paid career for women who are highly sexed and free-spirited, and women in the business have high status and clout. Hartley has appeared at hundreds of feminist, free speech, show biz, and porn-industry venues; she sees herself as a sex educator and liberationist. "

Sex isn't something men do to you," she says. "It isn't something men get out of you. Sex is something you dive into with gusto and like it every bit as much as he does." To see her giving a talk about communication and generosity in bed, click here and scroll down. To read her talking with Sheldon Ranz about porn and Jews (in Shmate magazine, way back when), clickhere.

"The drawback of being in the adult entertainment business is that mainstream culture does not take me seriously. They don't take my ideas about sex seriously.... They still think that they get to point and judge. They still think they know something about me ... and conclude that I must be mentally ill, I must have had a bad childhood, I must be unhappy ..." --Nina Hartley

Monday, February 16, 2015

I would have hoped that once I removed the widget for Christy Mack's donation drive for recovery from War Machine's abuse, it would be the last time I'd have to reference an assault on a sex worker/performer. Sad to say, though, once again I have to come forth with a plea for supporting one of our sheroes.

Cytherea was a very popular adult performer in the late 90's and early 2000's, known originally as "Squirtwoman" due to her propensity for major gushing of her....shall we say, her lady pleasure juices. She retired from feature performing in the mid 2000's to pursue a more normal "soccer MILF" life.

Unfortunately, that life took a viciously tragic turn last month, when a group of thugs broke into her home while she and her family were present. Cytherea was badly beaten and sexually assaulted (yes, that means she was raped); and her home was robbed of several valuables.

The perpetrators of the robbery/assault have been apprehended and are currently awaiting trial; but the aftereffects of their attack have seriously affected Cytherea both personally and financially. Hence, a fundraising drive has been established through the site YouCaring.com by close friend/current performer Joclyn Stone, with the backing of TRPWL.

In addition, other performers have rallied in support of Cytherea as well: Mercedes Carrera, known mostly as one of the fast rising porn girls as much as for her past educational achievements, is dedicating all of the proceeds of her camshows for this week to Cytherea's recovery fund. Her announcement of this on her YouTube channel also includes a biting rant at what she sees as the silence of feminists in supporting sex workers who are victims of assault. Here's her rant, taken before tonight's camshow:

In support and solidarity for Cytherea, I have added a widget for her fundraiser to the sidebar of this blog's home page. Please, y'allz...give whatever you can to help her.

Wednesday, December 31, 2014

Well...2014 was indeed the year of the attempted HIV Porn Scare, with the AB 1576 campaign going down in flames before the California State Senate....but I did say then that it would not be the last attempt by those wanting to impose condoms on porn shoots to attempt to shake the hive.

And this week, they almost got their panic. Almost, that is.

This whole story starts in September of this year, where an unnamed gay porn performer somehow managed to score a shoot in a gay video in Nevada while he was HIV+, and managed to infect at least one other gay performer in the process. Note the qualifier here: a gay shoot. Bookmark that one, really, because it will come in quite handy later on.

Update: After further review of CDPH's alert, I rephrase that last paragraph: the original performer had tested negative, then performed unprotected in two shoots within the two week period where he unintentionally infected at least one other performer. Still, the question remains of the length of time between his last negative test and the shoot, as well as how he got infected to begin with. Also, the second performer was infected in a subsequent shoot, not the original.

Now, the second performer was ultimately confirmed to have gotten infected in spite of confirmation that he had been tested and cleared of HIV previously prior to the fateful shoot. No confirmation yet, though, has been made of how soon either performer was tested prior to shooting that scene; but it was confirmed that the test used was the more traditional ELISA antibody test. That's the HIV test that is 100% accurate when the antibodies are present, but also with a latency period of nearly 3 to 6 months where the antibodies can mask themselves in the bloodstream during seroconversion without detection. Bookmark that fact, too.

And remember, all this took place in September. Yet, it wasn't until THIS WEEK, that California's Department of Public Health managed to put out a public alert warning people about this transmission of HIV. Three months, y'allz. Here's a screenshot of the alert; the original is available from the CDPH website as a PDF file.

A few hours after that was released, the AIDS Healthcare Foundation (that's right, folks, they're still at it, even after their legislation was booted out of the Cali State Senate) released this press statement essentially declaring their usual total victory in the condom mandate fight. Then again, Michael Weinstein is not known for avoiding microphones when it warrants his greed.

Some high/lowlights of the peak bullshit spewing from AHF's "statement":

LOS ANGELES--(BUSINESS WIRE)--In a report released earlier today, the California Department of Public Health, Occupational Health Branch says that it has documented the on-set transmission of an HIV infection from an adult film performer thought to be working out of state (in Nevada) to another performer the individual worked with. The case involves a male performer who was filmed performing with other male performers. The newly infected individual initially tested HIV-negative in California after what was on–set exposure out of state (shooting films without condoms or protective barriers); however, two weeks later, the individual in question then tested HIV-positive. In mid-October, the Free Speech Coalition (FSC), the adult industry trade group, instituted a moratorium on adult industry filming due to reports of an industry-related infection—due to what is most likely this latest HIV case. The filming ban was lifted by the FSC the following week.

“This is not AHF or supporters of condoms claiming that an HIV transmission occurred on the set of an adult film. This is California’s Department of Public Health and OSHA Occupational Health officials who vetted the performers' blood samples with the CDC and concluded after genetic sequencing that this HIV infection occurred on set,” saidMichael Weinstein, President of AIDS Healthcare Foundation (AHF). “For years adult film producers have claimed that performers who have tested HIV-positive while working in the industry did not contract HIV in the industry, but became infected through exposure in their personal lives outside and away from adult film sets. This new case puts truth to the lie that the industry has promoted year-after-year, years that sadly saw several additional performers infected while working in the porn industry.”California health officials confirmed the on-set transmission after sending blood samples to the Centers for Disease Control (CDC), which genetically sequenced (genotyping and phenotyping) the virus found in the performers involved, and matched it to an adult film actor the infected performer worked with.

The adult film industry concedes that it did have three (3) confirmed on–set transmissions in 2004 after a male performer who had worked in adult films in South America returned to the U.S. and resumed filming adult films in Los Angeles—subsequently infecting three female partners on set.

Since 2004 there have been numerous other cases of performers testing HIV-positive while working in California’s porn industry, including cases in 2010 (Derrick Burts) and 2013 (Cameron Bay and Rod Daily). However, despite the largest-ever OSHA fines levied against the adult film industry in the Cameron Bay case, porn producers continue the spin that these individuals did not contract HIV on set in the industry, but in their personal lives.

“There is no proof that any of these HIV infections over the past decade have not occurred on set other that the porn industry’s word, with the general public and health officials relying on the industry’s own self-reporting,” added Weinstein. “This is a tragic repeat of last year, and of 2010 as well as previous years. Won't we ever learn?”

Pretty much the usual Whinesteinian boilerplate distortion...and still way, way, way off.

Nevertheless, other outlets picked up on the story with the same distortion: the Associated Press wrote a version that conveniently reprinted AHF's version of the truth, which got picked up by such esteemed online media outlets like Gawker and the Guardian.

Problem with all this is: they only got one side of the story. Here's what they missed:

Remember when I said that the affair took place in a gay male porn shoot in Nevada? With only gay male performers? Well, in case you forgot: in early October, some health care authorities investigating that particular case alerted the Free Speech Coalition that there was a possibility that the infected performer may have crossed swords (so to speak) with an active "straight" performer whom had used the far more stringent testing protocols used via FSC's PASS system. The PASS system uses a far more accurate and far more effective test, Aptima, for detecting HIV. Unlike ELISA, Aptima can detect traces of the HIV virus within 6-10 days of initial serotransmission. That's 6-10 DAYS, not 3- 6 MONTHS like ERISA.

The response by the FSC was to declare on October 15th an immediate 3-day moratorium on porn production (later extended an additional 2 days) while the active performer was tested along with all of his first-generation contacts since his last clean test. This is the standard protocol for all of FSCPASS' testing whenever there is a threat of infection.

Thankfully, that active performer and his contacts were found to be free of HIV or any other known STD; and on October 20th, the FSC lifted the moratorium and allowed production to resume.

The fact that no "straight" performer had been infected by this action, or the fact that even the contact had taken place in a venue that didn't adhere to FSCPASS protocols, must have been known to CalOSHA staff when they issued that "alert" last Monday, right?? RIGHT???

At least Weinstein's rantage can be excused by his one-sided moralism and his greed for condom dollars. But, what the hell is CalOSHA's and CDPH's excuse? Have they allowed Weinstein and AHF to anally fist them (figuratively speaking, of course) so much that AHF is now running their department? If this is any precursor of the rules for "barrier protection" that they want to impose on adult production nationwide, then the industry is really farked beyond rescue.

Then there is this claim by AHF in their "statement" that the second performer was in fact tested and found negative prior to that shoot, and that fact blows away the excuses of the anti-condom mandate crowd. Right....sure...really. If the test was an ELISA test as it probably was, then the question remains: how long was P#2 (or even P#1) tested before shooting?

More importantly, for my benefit: was the shoot condom optional, as most gay shoots are now, due to the essential bargin made to hire and shoot not only bareback porn, but also porn featuring HIV+ performers? If condoms were indeed available, why didn't either performer take the necessary precautions? Hell, even Cameron Bay was actually offered a condom in that infamous Kink.com shoot. (And need I remind you that AHF booster Derrick Burts was infected in a condom-only shoot in Florida??)

Maybe this post will get through as fast as all the AHF/CDPH propaganda bullshit has..or not. In any case, someone needs to wake up and deliver the whole story behind this before it metasizes into another condom mandate scam.

Tuesday, October 21, 2014

I know....the blog has been kinda sparse of late, because of both a lack of news and my night job interfering with my ability to post on issues. My sincere apologies for that.

This past week, though, was more than enough to break out of the mothballs with yet another potential HIV scare delivered at the adult media industry. Fortunately, like most of the previous scares, it has a somewhat happy ending, but not without its controversy.

On this last Wednesday, the Free Speech Coalition stunned the industry with a rushed announcement that a "precautionary hold" on porn production would be imposed for three days, pending the outcome of testing for a possible HIV infection that may have took place outside of California. The semi-moratorium, shall we call it, was precipitated on an alert by an unidentified state health care official that a perfomer (probably ex-performer, though that status was unclear) that had been confirmed with HIV who didn't use the protocols of the PASS system of testing, might have had sexual contact off set with another performer who did regularly use the protocols. This triggered the usual procedure of testing both the current performer and all his first-generation contacts, as well as this "precautionary" moratorium as a stopgap.

Keep in mind, this is different from the usual procedure regarding FSCPASS protocols, where a full moratorium is declared whenever there is a positive or reactive HIV test, pending the results of confirmatory and first-gen tests. In this case, the semi-moratorium was declared as a precaution, so that testing of the individual performer and his recent contacts could commence. Since the Aptima tests that FSCPASS uses generally posts results in 48-72 hours, it was thought that 3 days would be enough of a period to perform the testing...hence, the brief length rather than the full 2-week moratorium.

The only fly in the ointment, figuratively speaking, was that one of the first-gen contacts of the performer was not originally available for testing due to being out of the state/country....so everything had to pushed forward through the weekend. Hence, FSCPASS on Saturday announced that the "semi-moratorium" had to be extended through Monday to tie up the loose ends. Michael Whiteacre of The Real Porn Wikileaks gives a thorough explanation of the reasons for the delay here, in response to critics.

Thankfully, everything seems to have turned out OK, because yesterday afternoon, FSCPASS announced that everyone had been cleared, the performer pool had not been contaminated, and that the moratorium was officially lifted; allowing production to resume.

Nevertheless, there has been some grumbling from the usual sources that: either FSCPASS acted too soon to lift the moratorium before the risk could be fully accessed, because people can lie to officials about their sexual contacts; or all this was a ruse to fill FSC's coffers.

Personally, I have my own druthers that this was all a false flag campaign by the AIDS Healthcare Foundation's usual groupies to contaminate the adult performer pool, and use the resulting fear to once again sell the condom mandate. The fact that AHF shill Isadore Hall used the brohaha to announce his intentions to run for a California State Senate seat (Hall is term-limited out of his current Assembly seat), is just a bit too coincidental. Also, Shelley Lubben has briefly diverted from her crusade miming Belle Knox to pass a comment about another "scare".

In any case, all's well that ends well....I'm guessing, though, this won't be the last attempt to game the system by far.

Friday, August 29, 2014

For those of you who were just itching to write more of your panic screeds about the latest HIV panic in porn due to a initial "reactive" test of a performer last Wednesday? Fire up your shredders, please.

The confirmatory tests came in today for the affected performer....and it all turned out to be...a false positive.

The original sample that produced the tainted results was retested; as well as a fresh sample. Both came up negative for HIV (and I suppose, the rest of the panel).

Also, all the 1st generation contacts of the performer who were tested came up negative as well.

With that, FSCPASS has closed the book on this "scare", and lifted the moratorium on production imposed on Wednesday.

Here's FSC's full announement:

Yesterday’s potentially positive HIV test by adult
performer was a false positive. The performer does not have HIV.
Additionally, the first generation performers who were tested
proactively have also come back negative. Production on adult film can
resume safely.We understand that a moratorium is nerve-wracking for performers and
difficult for producers. However, it’s essential that when it comes to
performer safety, we err on the side of caution. We thank the producers,
performers, agents and doctors who worked together during this
difficult time for maintaining the moratorium, and for quickly helping
establish a list of first generation contacts. While this was a false
positive, it is always essential that we remain vigilant in concern to
performer health.

The moratorium and testing system has enabled us to prevent any transmission of HIV on an adult film set for over ten years.
While opponents of the industry often use our periodic moratoriums as
evidence that adult sets are not safe, quite the opposite is true.
Moratoriums have and continue to enable us to prevent HIV from being
transmitted between adult performers.

Again, we thank everyone who worked so diligently and concertedly to protect performers during this current moratorium.

So, once again, the FSCPASS system is proven to work. And, once again, certain town criers hoping for another crisis to push their agenda are wiping the egg off their face. AGAIN.

(August 28, 2014) – Free Speech Coalition (FSC), the adult industry
trade association, called for a production moratorium today after one of
the testing facilities in its PASS testing system reported a possible
positive HIV test for an adult performer.

“There was a positive test at one of our testing centers.
Confirmatory tests are not yet back but we are taking every precaution
to protect performers and to determine if there’s been any threat to the
performer pool,” said FSC CEO Diane Duke.

“We take the health of our performers very seriously and felt that it
was better to err on the side of caution while we determine whether
anyone else may have been exposed.”
The next steps will be to perform additional tests, determine a timeline, and identify any first generation partners.

“We want to make sure all performers are protected. The performers’ health and safety is the most important thing,” Duke added.

As of this notice, FSC calls for all production to halt immediately, until further notice.

As this only broke yesterday afternoon, speculation is running rife about the identity of the affected performer, how or if she got infected (or whether or not this may be a false positive), and whether or not the impact of this new moratorium will be enough to undercut performer solidarity in favor of mandatory condoms. However, the following is known information, based on actual verifiable sources (and documented over at The Real Porn Wikileaks blog):

1) The initial reactive test results were preliminary; confirmatory testing has been done on the affected performer and all her 1st-generation on-screen partners, with results due to be released later today at the earliest.

2) At least four major performers have been verified to be part of the 1st gen quarantine list, and have been tested. That does NOT mean that they are indeed infected, just that they have engaged with the performer most directly isolated. Since 2004, it should be noted, there has not been one case of any performer getting infected with HIV on set.

3) According to Michael Whiteacre over at TRPWL, the affected performer is in her 30's, has performed for around a year in adult, has maintained a regular two-week testing regimen with FSCPASS (including a full panel of testing at the beginning of the month), and is romanticaly involved with another performer.

(Per BPPA policy, we do not and will NOT ever reveal the name of any potentially infected performer or 1st gen partner without direct permission or until they themselves feel fit to reveal themselves publically. Any attempt to reveal such info via comments or linkage on this blog will be immediately deleted and/or redacted.)

Not surprisingly, all the usual peanut gallery rogues are at their loudest squawking tones about how this latest "infection" proves once and for all that only condoms can protect performers from HIV; and that the FSCPASS protocols are an abject failure for HIV prevention. Then again, they were pitching the same BS for the last two or three "outbreaks", and they were proven so wrong.

At least this time, there are sane voices out there calling for calm and solidarity.....the newly formed performers' group Adult Performers' Advocacy Committee (APAC) released a timely and well structured statement on the latest scare that deserves reprinting in its entirity for its depth of common sense and reason in the face of the fear and psycho terror that must be affecting a lot of LA performers.

APAC is requesting that all adult performers honor PASS’s
call for a moratorium and treat each other with compassion and respect
during this time.

When an industry moratorium, especially one related to HIV, occurs,
performers are often concerned about their health, the health of their
co-workers, their financial security, and public perception of the porn
industry. Fear and mistrust are understandable reactions. Desire for
facts and belief in rumors when no facts are available are also
understandable reactions.

The only facts available at this time are that a positive HIV result
has been reported to the FSC and that a call has been made to stop all
production while a confirmatory test is done.

The Adult Performer Advocacy Committee’s mission is to support the
safety, happiness, and well-being of individual performers, and our
community. Therefore we stand against blaming specific performers for
contracting HIV, and we encourage them to take steps to ensure HIV-
negative scene partners are not exposed. We also firmly stand against
any homophobia (ie blaming “crossover” performers or gay studios) in a
time of industry moratorium.

APAC is asking all performers to refrain from exchanging body fluids
during this moratorium. This includes girl-girl only performers, trans
performers, “gay” performers, queer performers, and “straight”
performers, and includes performers based out of Los Angeles, San
Francisco, Las Vegas, Miami, New York, and anywhere else adult
productions are shot in the United States or with performers who have
recently been here. This also includes trade shoots and recreational
activities.

The blending of gay and straight performers; transgender and
cisgender performers; queer, homo- and heterosexual sexualities; is an
increasing reality in our industry. There is no “gay” or straight”
industry, even if there are straight and gay audiences.

HIV is not transmitted by gay people to straight people, it is
transmitted from a positive partner to a negative partner by very
specific sexual acts that are not specific to sexual orientation.

This request to honor the
current moratorium is made for the safety of our community as a whole
and for your safety. Regardless of your feelings towards the FSC or any
other entity in the adult film industry, we believe this is the right
thing to do.

APAC is also asking fellow performers to show compassion towards each
other and to our unnamed peer who is currently waiting for the results
of their confirmatory test. Their entire life has just been turned
upside down and shaken. Any one of us could be in that person’s shoes.
Think about what it might be like to be in those shoes before you point
fingers, throw accusations around, or tweet about who you might guess
they are.

As performers, it is our responsibility to understand how HIV is
transmitted and to show care for other performers. At APAC, we offer
resources on HIV and STI education and a private, performer only
platform for performers to support and discuss concerns about
moratoriums with each other.

Moratoriums are an opportunity for performers to be a voice of reason
and stability about sexual health, to educate ourselves, and to show
care for each other.

When moratorium-related concerns turn into anxious blame or trying to
figure out whose “fault” it is, performers are pitted against one
another.

When these concerns are instead played out as care for one another,
our industry and the community of performers becomes stronger.

APAC encourages performers to reach out to their existing support
systems, and to remember we’re all in this together and should be able
to lean on each other.

Personally, I think that this is the direct effect of laws like Measure B coming back to bite some asses hard by driving performers underground into less safe ventures. A part of me that's more into conspiracies might see the hand of the AIDS Healthcare Foundation in all this, paying and supporting "moles" to infect performers "off-the-clock", or introduce HIV+ "crossover" performers into the adult performer pool in order to poison it, and use the insuing panic and terror based on the fear of an outbreak and the loss of livelihood during the moratoria period to push their "condoms only" agenda. (That's solely MY opinion, not reflective of anybody else here at BPPA.)

But, that's not important right now. The real thing at the moment is to remain calm and await the results of the testing, and then act accordingly as to what the legitimate level of threat really is. This could be bigger than what took place in 2004 with Darren James; it could also be a false positive. Or, it could be just like many of the other "outbreaks" we've seen these last two years: an isolated off-the-clock event that was caught before anyone else got harmed. What we will see, we will see.

Saturday, August 16, 2014

Let's just say that you are a national organization of health care, and that you have had a pretty bad week. Your org is now under attack by its own doctors and professionals for unionization due to overwork and under paying conditions. You just got stoned in your attempt to build another thrift store in San Francisco. You are presented a big-ass bill for overcharging yet another major city off their public health rolls (namely, Los Angeles County). And, your major political effort to impose condoms in porn just got shot down for the second year in a row.

What do you do? What do you do??

If you happen to be the AIDS Healthcare Foundation, you get off the floor, shake yourself off....and fire a dozen press releases rewriting defeat as victory...and then you fire off your lawyers for diversionary tactics to hide the pain of getting your asses kicked.

Early this week, in the wake of the defeat of AB 1576 in the California State Senate, AHF announced that they would be filing a complaint with the Nevada state branch of the Occupation Safety and Health Administration (OSHA-NV) regarding a porn shoot done in that state by the site Kink.com. The complaint, according to AHF's press release, states that Kink.com allegedly violated the Nevada and federal OSHA standards for "bloodborne pathogen" protection by not requiring condoms in the filming of one of their videos....in particular, the video Vegas Road Trip (misreferenced in the AHF filing with the title Hoghtied Whores, which featured performers Krissy Lynn and Skin Diamond, and was shot for the Kink-registered site Hogtied.com.

Let us ignore all the beddazle of the continuous hot streaming crap about how the industry "violates OSHA health and safety laws" by not mandating condoms, and get to the basic fact that the all of the scenes in Hogtied Whores are either oral or solo with sex toys wrapped with condoms. No anal or vaginal here. In fact, the scenes would have been fully compliant with all of the protocols required by Measure B, the ordinance that mandates condom usage for most of Los Angeles County, as well as AB 1576, had that measure been effective in Nevada.

So, where's the beef??

The answer to that lies in the current attempt in California to rewrite the "barrier protection" codes to apply to adult filming, and impose condoms through legal regs rather than legislation.

The current revision to CCR 5193, which regulates "bloodborne pathogen/other potentially infectious materials" barrier methods for general purpose exposure in hospitals and other high-risk exposure occupations, is CalOSHA's attempt (with the full collusion of AHF, of course) to apply that law to the adult realm.

As noted previously here, that revision would severly impact porn shoots not only by mandating condoms for all penetrative sexual acts -- not just anal and vaginal, but also even oral; there is a brief exemption for oral sex provided that participants are subjected to vaccinations and clearances by an approved physician before hand, but that expires on January of 2018) -- but would even prohibit any potential exposure of "OPIM" to any oral area. Meaning: facials, pop shots in the vicinity of the vagina or anal area, and "creampie" ejaculations would also be banished as well.

The problem for AHF is that that process won't be resolved for another 1-2 years, since regulations have to go through a process of review and public comment; and CCR 5193.1 hasn't even gotten to the draft stages as of yet. To cover the time until then, AHF is essentially suggesting that the current rule 5193, normally applying only to hospitals, should also apply with equal strength to porn shoots, and that California's "interpretation" of the health and safety codes should be adopted by OSHA-NV in going after Kink.com (and any other porn producers shooting in Nevada without condoms). There is also the debate about whether porn performers should be considered to be "employees" of the companies paying them or "independent contractors"; the latter would remove them legally from OSHA jurisdiction.

You will also note how Cohen attaches the meme that condom usage is mandated in Nevada's legal brothels....ignoring the fact that the condoms are imposed on the clients/buyers of sexual services, not the sellers; and that porn is treated much differently legally as a form of adult entertainment, not as a direct sale of sex.

But, the biggest presumptive lie of all this is what Cohen implies about the four performers (Krissy Lynn, Skin Diamond, James Mogul, and Maestro).....which parallels all the implied assumptions projected by AHF on the Kink.com shoot that Cameron Bay participated in. Notice a gradual shift in emphasis away from the charge that Kink.com deliberately caused an HIV outbreak (proven false, of course), to the charge that Kink.com merely increases the risk of STI's. Never mind that all four participants were more than likely tested and found to be STI free, and therefore couldn't infect anyone, even if they went full on with an active gang bang. That seriously fracks up AHF's propaganda, so they have to now move to the "higher risk" card to keep the deception of "protecting the industry" going.

Of course, as Kink.com CEO Peter Acworth noted, this could just be scattershot to mask the real goal of AHF: to essentially nationalize their crusade to ban all bareback porn from the face of the earth, and to ultimately regulate individual sexual activity so that the only non-procreative sexual activity left to be legal would be condomized sex. And, to rake in the $$$$ off condom/dental dam placement ad deals.

Thanks to their power over CalOSHA's adjucative procedings, AHF has actually convinced some judges to rule in their favor in filings of OSHA complaints in California. Let's see if Nevada falls as equally hard for this fakery.

This blog would not even exist were it not for the labor and beauty of its female performers.

Yes, the male performers have more than just a bit to do with the success of porn, too....but it's the females who are out there, naked in more ways than you can imagine, taking all the risks to sell the belief that sex isn't a horrible thing after all.

The fundamental principle that BPPA was founded on from the very beginning up to today is that performers who do explicit adult sexual entertainment are as human as anyone else in any other profession, worthy of equal rights and responsibilities and respect for what they offer.

It is in that fundamental principle that we rise in support of performer Christy Mack in the wake of the absolutely horrific violent assault and battery and even attempted murder she suffered recently at the alleged hands of her former boyfriend Johnathan Koppenhaver, aka MMA fighter "War Machine".

I could go off for paragraphs on what this says about the misplaced hyperaggression of violent sports, or on how the media and sex-negative culture tends to dismiss violence against sexually assertive women or women involved in one form of another of sex work/sexual entertainment because "sluts/whores/tramps get what they deserve"...but that's not really important right now.

The most important thing is that Christy get the chance to fully recover and heal from both the physical and psychological injuries to both her body and her soul. Her own personal strength will do a lot to get her through, but it's not so bad to give her some boost through our own.

A fundraising drive is currently ongoing for Christy's mounting medical bills through GiveForward.com (which, hopefully, has learned their lesson from the Eden Alexander debacle not to dismiss porn women so lightly). I've added a special widget/gadget (please, Blogger, get with the program!!!) in the blog sidebar for those who want to donate generously.

You don't have to sell your house, or your car, or anything drastic...just collect some pennies or dimes or quarters and help an awesome porn woman heal, recover, and reload.

Friday, August 15, 2014

It may have gone on a bit longer for some people's comfort, but the battle over #AB 1576, Isadore Hall's proposed condom mandate/testing/documentation for porn bill finally ended last Wednesday, when the California State Senate Appropriations Committee tabled the bill without a vote, or even bringing it up.

Last week, after testimonials both for and against the bill, which would have mandated both condom usage and testing for all shoots performed within 14 days, that committee placed the bill "in suspense" without a vote, essentially preparing the bill for ultimate closure.

The main sticking point was more than likely that the bill would have violated the fiscal threshhold limit of $150,000 for costs of enforcement, which is the standard used for rendering a bill fiscally responsible enough. However, the fact that the industry rallied hard, and was able to actually turn some favorite press with some powerful mainstream institutions (including this powerful editorial from the Los Angeles Times), combined with the universal opposition ofporn production companies including Kink.com, and performers, led admirably by Lorelei Lee, to name just one of many, was as much a factor as any.

Considering the pessimism that existed when AB 1576 was able to pass the California Assembly generally with little discussion or debate, the quick turnaround was indeed surprising, yet most certainly welcomed, in the midst of this bad lawmaking.

Both Assemblyman Hall (who will be term-limited out of his seat after this year, but is comtemplating a run for the Cali Senate), and his backers at the AIDS Healthcare Foundation, issued the usual press releases expressing such sorrow that the Senate decided to place "profit" over "worker protection", and AHF announced that they would try again next year with similar legislation.

So...that's one less stumbing block for the LA- and California-based adult entertainment industry to endure. There's still the ongoing court cases over both Measure B (the original referendum which imposed the condom mandate on most of Los Angeles County), as well as the original ordinance passed in the City of Los Angeles. Plus, there is the continuing attempt by CalOSHA, assisted by AHF, to rewrite the workplace codes to impose mandatory "barrier" protection for adult performers, via proposed CCR 5193.1, and expand that nationally through the federal branch of OSHA.

But, at least for now, the threat to porn production in California is significantly less than it was even one week ago. Props to the good guys for winning one, and may this be only the end of the beginning.

Wednesday, August 6, 2014

Thanks to Mark Kernes at AVN, we now have a full reading of that hearing last Monday at the California Senate Appropriations Committee on AB1576, Isadore Hall's condom mandate/"testing documentation" bill that had already passed the Cali Assembly last month. And, it was every bit worth its weight, both from the mountain of bullshit spewed by the proponents of the bill and the spirited efforts of the opposition.

For those of you not following, AB1576 was ultimately placed "in suspense" without a vote on passage following spirited testimony at that hearing; which pretty much dooms its passage unless Izzy Hall can convince four committee members to reserrect the bill and pass it before all the "in suspense" bills get dumped next week.

But, that's next week's issue....what took place last Monday, upon further review, deserves a much detailed analysis. Fortunately, Mr. Kernes was there first hand, and he delivers as usual a full accounting of all the hijinks. All references will be to his AVN article, which can be found here.

First...we have to live once again through the virtual Crapnado of Izzy Hall's sorry-ass arguments in favor of his bill...now jacked up to even higher fever pitches of stank.

"AB 1576 is a workplace safety measure that would require employer-paid
mandatory STD testing on adult film actors at least every 14 days and
documentation that a condom or other personal protective equipment was
use in all adult films produced in California," [Hall] began, adding that
three policy committees—the Assembly Arts & Entertainment and
Appropriations Committees, as well as the Senate Labor Committee—had
already had "extensive public debate on this bill" and "received
bipartisan support."

Right...."extensive public debate", I suppose, meaning biased hearings where he was able to control the microphone and weed out any real facts; and "received bipartisan support" meaning that his benefactors over at the AIDS Healthcare Foundation were able to grease the wheels of local politicians with some of that $2 million in lobbying funds.

Hall went on to state that "Existing state and federal OSHA laws already
require the use of condoms in adult films, period. In fact, existing
federal OSHA law requires the use of condoms in adult films produced
anywhere in the nation"—which of course begs the question of why AB 1576
is even needed.

Yeah, really. Never mind that Hall could never produce any law anywhere other than Measure B in Los Angeles County and the ordinance in the city of Los Angeles that specifically mandates condom usage for performers. And, forget about the fact that CalOSHA is currently in the process of revamping their "bloodborne pathogen"/"barrier protection" standards in order to cover adult porn production....something that probably would not be needed if it was already the law. Existing law is currently designed strictly for occupations where direct exposure to bloodborne pathogens or internal body fluids is most likely (re: hospitals, morgues, meat processors, etc.). The CalOSHA rewrite for adult production (proposed as CCR 5193.1) is currently in the preliminary draft stages, with a draft form scheduled for release sometime this fall.

Hall also claimed that the bill has "negligible general fund impact,"
ignoring the fact that CalOSHA or some other state agency would need to
hire several additional inspectors to make sure adult movie and internet
content producers are complying with the law. However, Hall sidestepped
that fact by claiming that not passing the bill would cost the state
even more—over $600,000 per person, he said—for treatment of performers
who contracted HIV and other STDs, further claiming that most performers
don't have health insurance, even though the Affordable Care Act
requires them to obtain it.

This is critical, folks, because the Cali Appropriations Committee has an iron clad threshold of $150,000 for the acceptable cost of enforcing legislation...and AB1576 is in serious danger of reaching or exceeding that threshold, even before the costs of legal action against the state and the costs of hiring enough inspectors to enforce this law. I suppose that Hall thinks that AHF will step in with the funds to hire their own "inspection" force??

On that "$600,000 per person" expense that condoms are supposed to protect the taxpayers of Cali from: you mean, Izzy, that the expense per person of people already striken with HIV/AIDS in your own district isn't nearly as much a financial drain? Especially considering that the actual expense to the state of California for HIV treatment of porn performers is....well...ZERO, since there hasn't been a single case of a straight performer contracting HIV on set since 2004, as compared to the new cases of HIV cropping up every day in LA?? And no, Izzy, contracting HIV off the set through off-the-clock private sex or IV drug needle sharing, or getting infected in a condom only shoot, does not count.

Finally, to the fact that many performers do not have effective health care insurance to cover for tragedies as such? My two word response to that: Single. Payer.

"Many California studios require condoms on the set today, and are
still extremely successful and profitable," [Hall] further claimed. "In
fact, as recently as May 9 of this year, one adult film director made
the switch to condoms and testing after acknowledging that the only
reason he didn't require condoms before was because he put profit before
worker safety."

Nice try, Izzy...but, WRONG....

That director was Axel Braun, and what Braun actually said
was, "Maybe the last one [HIV-positive performer] hit too close to
home, since patient zero was booked on my set the day he was diagnosed,
or maybe my integrity is becoming more important than my bottom line,
but I have finally come to believe that our system is broken, and I’m
simply trying to do what I can to fix it on my end.” Braun also adopted a
policy of only allowing actors with tests less that one week old, and
required that actors be at least 21 years old.

It should also be noted that Braun is also a fervent public opponent of AB1576, and stated that he was only acting for his company, not for others.

Gee...I wonder why Hall didn't also cite Tristan Taormino and Dan Leal, two producers who have also decided to go condom only + tests? Too worked up in spewing his BS??

Next up was Rand Martin representing AHF, with the usual swill:

AIDS Healthcare Foundation's Rand Martin followed Hall, claiming that
"The bill does two things: Number one, it requires documentation that
protective barriers were used when it was necessary to do so; number
two, that an STD test was taken no more than 14 days before a scene was
filmed. That is all the bill does." He also claimed that since he had
worked with CalOSHA to "align the bill" with the agency's existing
regulations, that no additional costs would be incurred—except, of
course, for the additional inspectors, which Martin did not mention.

And then the stank really hit the eyewall...

Cameron Bay and her boyfriend Rod Daily also spoke, with the former
actress dropping her claim that she had contracted her HIV on an adult
set, but claimed today that "Adult producers know ... that they could
take advantage of workers like myself. They know the high turnover rate
for workers like me and they know that they're breaking the law when
they deny a worker like me the cheapest workplace barrier protection in
existence, which is a condom. And they do all that because they don't
have to pay for the treatment of HIV and other sexually transmitted
infections. You, the citizens of California, have to pay. While the
producers laugh their way to the bank, you're left with the bill: over
half a million dollars in medication just for a single HIV infection
like myself."

That's kind of interesting, Cam...you mean that you weren't given the option after you bit too hard into Xander Corvus' schlong to wear a condom to finish? In a scene where no one else was infected, and has tested negative since? And, that those "4 cent" condoms really are more effective than stingent testing? And, that the people of California (and by extension, the USA) shouldn't have to pay one red cent to treat HIV+ people? And, how exactly do you "break the law", Ms. Bay, by having bareback sex where no one is infected??? If condoms are that effective, shouldn't they be mandated for everyone engaging in sex, not just people making porn??

Oh, wait..this isn't about prevention; it;s about "mentoring" and selling the beauty of "safer sex". And.....well placed condom ads that could make AHF more $$$$. Never mind....

But while Bay claimed that "AB 1576 insures women like me are protected
from HIV and other sexually transmitted infections," her boyfriend Rod
Daily began his testimony by saying, "During my time as a performer, I
only wore condoms in all of my scenes. Because of these, I was protected
from STDs on set." So either Daily didn't contract his disease on an
adult set, or the condoms didn't protect him—neither of which argues for
the passage of AB 1576.

Or...I guess he must have meant "my time as a gay performer", where condoms are mandatory due to direct potential interaction with HIV+ performers, and the lack of the kind of stringent testing the "straight" porn industry maintains. So, I guess mandating condoms in porn doesn't protect you very well off-the-clock.

The only other proponent of note was Adam Cohen of the UCLA Reproductive Health Interest Group, who has been one of the main colluding groups between CalOSHA and AHF in the condom mandate campaign. Michael Whiteacre has already debunked his nonsense here.

As bad as that portion of the testimony was, it didn't compare to the good that was the opponents' response. To put it bluntly, they were armed, locked, and loaded....and their arguments did much to disenfect the air.

First up, performer Lorelei Lee, who happened to be the third performer in that Cameron Bay/Xander Corvus scene at Kink.com (and whom is also HIV-, and always has been).

When de Leon asked for speakers in opposition to the bill, Lorelei
Lee stepped forward, bringing with her a petition signed by "over 650
adult performers" opposing the bill, out of the 1,000 to 1,200 active
performers in the industry, "so there can be no quesiton that the
majority of performers oppose this bill." She also noted that the
committee had received letters from members of the Adult Performer
Advocacy Committee, the industry's only all-talent group, which also
oppose the bill."I want to make clear that the author of this
bill does not speak for performers," Lee said. "The sponsors of this
bill do not speak for performers. They have not worked with us, they
have not reached to us, and no one cares more than we do about our
health and safety.""This bill would seriously degrade the health
and safety protocols that we already have in place and that we have
been working to improve over the last decade," she added. "I want to
emphasize that we would not work in this industry if we did not believe
that our protocols have kept us safe. Under our current protocols, we
have not had a single on-set transmission of HIV in over a decadel. ...
Performers who have tested positive in the last decade have done so
after an exposure in their private lives and our mandatory test-and-stop
protocols have prevented any on-set transmissions from occurring."She
also expressed concern about performers' medical information being
shared with CalOSHA, noting that "Forced consent is not consent. This is
a privacy violation and we do not consent to it."She observed
that "legislative condom mandates do not lead to more condom use in
adult films," noting that after Measure B was passed, many productions
moved out of the jurisdiction, "taking thousands of California jobs with
them," including not only performers but the myriad technicians that
work behind the scenes. She also noted that many productions that can't
afford to move have gone underground."When our jobs become
illegal, our employers have even less accountability, and both the
stigmas and the on-set dangers that we face rise exponentially," she
concluded. "Our voice and our concerns should be more important than
bills that a politician is simply trying to pass a bill."

Next up...adult industry attorney Karen Tynan:

Attorney Karen Tynan next took the microphone, claiming that, "Let me
be clear: AB 1576 is costly to the state, far beyond the suspense
threshhold. It undermines efforts to implement a complete and effective
worker safety plan." She added that the industry had spent years working
with medical professionals and experts to devise the industry's current
testing protocols, which she said are "more comprehensive than AB 1576,
and we have the support of the workers, the performers themselves."She
reminded the committee that CalOSHA is working on its own set of
regulations, and called AB 1576 "an assault on that process.""We
believe this bill will also cost money with the California Department
of Public Health," she stated. "The recommendations will require the
development of a list of recommended HIV tests and it's impossible to
believe that this will not require additional costs to the state. This
would have to be a public and inclusive process so that the Department
of Public Health can understand the nuances of this industry and could
listen to performers and primary care physicians," noting that such
costs would require Public Health to "divert resources from more
pressing matters."She concluded by noting that six Bay Area
production companies had already moved to Nevada, as well as a "San
Fernando-based adult film company with $30 million in revenue
transferred their entire operations out of state."

And, as if that wasn't enough to convince the legislators, a new witness emerged with a decisive new argument against the bill:

The final speaker in opposition to the bill was a new one: Aaron Fox
of the Los Angeles LGBT Center, who noted that his organization was one
of the ones that had sent an opposition letter to the committee last
week, with the other two being Project Inform of San Francisco and AIDS
Project Los Angeles (which de Leon made sure to note was a different
organization from the bill's sponsor, AIDS Healthcare Foundation).

"Mandatory
state-mandated HIV testing has never been something that this
legislature has been in favor of except one time in its history, which
was in 1996, when a boxer tested positive for HIV and the legislature
passed a law that professional boxers and martial artists must be tested
for HIV before they can compete in the ring," he stated. "We believe
that any way of expanding state-mandated HIV testing violates privacy
rights, stigmatizes people with HIV and is not something that's in
congruence with all of the HIV testing laws in California that not only
require consent but also require people to have the right to decline an
HIV test. There's nothing in this legislation that allows people the
right to decline an HIV test and that has been something the California
legislature has always supported throughout its history."

Keep in mind that the protocols used by PASS are enforced through peer pressure and the honor system of production companies not hiring performers who test positive for HIV or other STI's, not through any government intervention. Since AB1576 would require documentation for testing for HIV or condom usage by a public board, it would effectively violate both antidiscrimination laws against HIV+ persons in employment, AND direct consent for mandatory HIV testing. If that segment is rendered unconstitutional by a later court action, and all that remains is the condom requirement, then the risks to performers would be elevated to a magnitude, since there would be no effective means in which a performer could know if her on-screen partner was infected prior to that scene. And, if the condom broke....

The backup support was there in droves as well, too:

At that point, de Leon called for those in the audience who oppose the
bill to step forward and state their opposition—and more than 30 did,
including performers Anna Cherry, Mia Coleman, Veruca James (who's also
the recently elected treasurer of APAC), Jiz Lee, Mick Blue, Anikka
Albrite, Aiden Starr, Ariel X, Lea Lexis, Maitresse Madeline, Owen Gray
and Mickey Mod, as well as FSC CEO Diane Duke and Michael Chate of
MindGeek.

Based on all that, you'd think that Izzy Hall would reel in the rhetoric in his final push for his bill before the committee. You would be wrong.

None of the committee members had questions or comments, but de Leon gave Hall the last word, though, and he didn't disappoint."I
know this is not a sexy bill," he began. "We're talking about
protecting the lives of those without a voice," apparently ignoring the
"voice" of the 650-plus petitions presented to the committee earlier.

"These
individuals who have come forward today deserve a badge of honor for
the courage that they have to come back and forth to Sacramento for the
last several months testifying in front of members of the legislature
both on Senate and the Assembly side, talking about how they were
impacted on their places of employment," he stated, apparently referring
to Bay and Daily rather than the dozens of other performers who have
attended those same hearings, "where they contracted a disease that will
affect their lives for the rest of their lives," Hall added, implying
that Bay and Daily contracted their HIV on-set, which implication has
been shown to be untrue."For the record, Mr. Chair, this bill
does not mandate testing," Hall lied. "This bill mandates documentation
of testing, and there is a big difference. This bill does not mandate
testing; this bill mandates the documentation of testing, and the
question as I close is, Mr. Chair and members, is how many lives must be
taken for profit? How many people must come up here each and every week
or every other week and talk about how their lives and families' lives
and many others are drastically impacted by going to work, performing a
job, not receiving a reasonable level of protection afforded other
employees, and as a result, now their lives have been turned upside
down, their families and all of their associates?"The answer to
that question appears to be just Cameron Bay and Rod Daily, neither of
whom caught their HIV on an adult set, while more than 650 other
performers signed petitions and wrote letters against the bill's
passage.

So, to review and condense Isadore Hall's case: Two performers with questionable histories are more truthful than over 650 performers with solid records of protecting themselves without his or AHF's help; we absolutely must save those performers who can't save themselves with protections from HIV and STI's, and only 4-cent condoms are the proven means to do that; only an organization with well over $250 million in revenue is capable of fighting against the Evil Porn Profiteers who infect their "employees" with impunity, then go on to infect the general population; and, requiring documentation of testing is not the same as actually requiring testing...even though if you don't test, you get punished just the same. Hurry up and pass this bill before our opportunity to make money off condom placement ads goes past.....errrrrrr, before another performer gets killed by AIDS!!

I guess that we will all see by next week, if not by August 15th, whether his lunacy and AHF's money tree are able to overcome actual logic and truth. At least, for this year.

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Why yes, this blog is dedicated to pro-porn activism! With the belief that pornography falls under the auspices free speech and expression, and is legitimate entertainment for consenting adults, if made for and by consenting adults. One, as a consenting adult, has the right to make and view pornography as they choose.